Wake DA defends decision not to seek charges in alleged greenway attacks

The victims said the man jogging on the White Oak Creek Greenway threw punches and yelled at them in what they felt was a racially motivated attack. These attacks, coupled with other recent instances of assault on Asian Americans in the U.S., drew concern from the community.

During the attack, family members allege, one of them was hit in the head with an object and the man, who is white, yelled at them to "go back."

Police said they were not filing charges due to the jogger experiencing a “mental health crisis," which disappointed some members of the local Asian-American/Pacific Islanders community (AAPI). Investigators concluded that race or ethnicity was not a factor in the case.

The Iranian man told police the jogger tried to punch him in the face and spit at him as he was talking on his phone. The Chinese man and his family started recording with a cell phone. They claim that the jogger ran past them and yelled. While they were unable to make out much of what he was saying, they understood part of it to be "go back."

Some believed this was a hate crime and feel the police response is insufficient.

'How is that OK?' Daughter of Chinese man attacked on Cary greenway speaks out

On Tuesday, Licensed Marriage and Family Therapist Jeanie Chang spoke to WRAL News as part of the AAPI community and a mental health professional. She said mental health issues should not automatically absolve someone from criminal behavior.

"As a therapist, what I want to know was, did he get a full psychiatric evaluation? I want to find all that out and demand that, and then we can go, all right, maybe. But too many times I'm seeing these days, mental health illness or mental health issues are being used as an excuse," she said.

Wake County District Attorney Lorrin Freeman expanded on the ruling.

"I regret very much, and I think that Cary Police Department regrets very much, that there is a sense that we have in some way diminished or downplayed the ethnic part of this," Freeman said. "There is some hate motivation out there especially what's been going on in our country.

"The last thing that we want people to feel is that we don't take these things seriously."

After getting many questions and comments regarding the case, Cary Police released a FAQ explaining the investigation and why it was determined there was no racial motive. As many as 10 officers worked on the investigation.

"Based on what was reported and using various investigative resources to examine the motive, investigators were able to determine the motivation for the assault, and it was not race. While much of the investigation cannot be shared, what we can say is that other than the jogger and the victims being of different races, there is no other evidence to suggest that his actions were racially motivated."

Police are not allowed to release the man's medical information. A person's identity is generally withheld by authorities until they've been charged with a crime.

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